This outlines the context and reasons why we have adopted the Primary Authority Partnerships Scheme (the Scheme). It goes on to set out the process for accepting and declining requests from businesses to join the scheme and how these partnerships will operate.

Primary Authority is a statutory scheme, underpinned by legislation, that allows an eligible business to form a legally recognised partnership with a single Local Authority in relation to regulatory compliance. This Local Authority is then known as its ‘Primary Authority.’ Further information on Primary Authority can be found on the GOV.UK website.

The legislative framework that supports Primary Authority Partnerships is provided by the Regulatory Enforcement and Sanctions Act 2008 (as amended). Further guidance and detail on the scheme is available at the Office for Product Safety and Standards.

Context

In 2018, Warwick District Council agreed that its Environmental Health teams (Food Safety, Health & Safety and Environmental Protection) may enter into Primary Authority Partnerships with businesses and the scheme would be operated on a cost recovery basis. This ensured businesses benefited from the statutory basis of Primary Authority Partnerships whilst ensuring that the Environmental Health teams can provide support that encourages business confidence, sustainability and growth.

What does a Primary Authority Partnership cover?

We will continue to carry out our statutory duties in relation to inspections, investigations of breaches of legislation and complaints. These activities do not form part of a Primary Authority Partnership.

We can act as a Primary Authority for Environmental Health matters and have qualified officers experienced in the following areas of regulation:

• Food Safety and Hygiene.
• Health and Safety.
• Environmental Protection.

As part of our Primary Authority Partnership, the following services are included:

• Liaison with other enforcement agencies and the public and co-ordination of enquiries from other Local Authorities/ Regulators/ members of the public.
• On-going strategic support for the business. This includes providing comprehensive advice and guidance from professionally qualified officers and having regular contact with the partner business.

In addition, we will consider requests from the partner business to provide additional support, such as:

• Training in application of regulatory requirements.
• Review of policies, procedures, and systems.
• Audit of business systems.
• Audit of business compliance.

Requests to enter into a Primary Authority Partnership

Requests to enter into a Primary Authority Partnership with Warwick District Council can be made directly to the Environmental Health Teams via the following email addresses:

• Food Safety: foodsafety@warwickdc.gov.uk
• Health & safety: sclehealthandsafety@warwickdc.gov.uk
• Environmental Pollution: pollution@warwickdc.gov.uk

In some circumstances, requests from businesses may be referred to us through the Office for Product Safety and Standards.

We are committed to supporting our Primary Authority Partnerships from within our own professional staff resources. This ensures that partner businesses benefit from quality advice from highly trained and competent officers.

However, these resources are finite, and we reserve the right to decline requests where we feel that we could not meet this commitment.

Requests from businesses will be prioritised based on factors such as previous history with us and whether the head office or significant part of their operation is based within Warwick District.

Other requests will be considered, but may be declined.

Refusal of requests to join a Primary Authority Partnership

Whilst we are committed to supporting legitimate businesses and providing services that do this through Primary Authority Partnerships, we reserve the right to refuse requests to join the scheme where we consider that to do so is in the best interests of Warwick District Council.

The following are examples of circumstances under which we may refuse a request:

• The partnership would exceed our resource capacity.
• The business refuses or fails to agree to the terms and conditions or costs of the partnership within a reasonable time.
• There is an irretrievable breakdown in the relationship between the business and Warwick District Council or any other Regulator.
• Outstanding legal action against the business.
• Evidence of serious or repeated non-compliance with statutory responsibilities.
• Evidence of a failure to follow advice properly given by us or any other Regulator.
• The decision to accept or refuse a request to enter into a Primary Authority Partnership with us rests with the Head of Community Protection.

Formation and delivery of Primary Authority Partnerships

Formation of a Primary Authority Partnership involves the following elements:

• Our acceptance of a request to form a Partnership.
• Agreement to the standard terms and conditions of Primary Authority.
• Agreement on costs and charges and operational matters through the Summary of Partnership Arrangements.
• Nomination by the Office for Product Safety and Standards (OPSS).

Primary Authority Partnerships will be based on the standard terms and conditions developed by OPSS which maintain the integrity of the statutory scheme. Details specific to the partnership will be outlined in the nomination submitted to OPSS who have delegated authority on behalf of the Secretary of State to approve partnerships.

Fees and charges

All businesses in a Primary Authority Partnership with us will be charged fees to recover the reasonable costs we incur in acting as the Primary Authority.

Services will be charged at an hourly rate.

Any separate expenses incurred would be agreed in advance and charged in addition to the hourly rate (e.g. travel costs, testing fees).

An initial set-up fee will be charged to all businesses entering the scheme.

The fees charged will be reviewed annually.

Current fees and charges.

Termination of Primary Authority Partnerships

A Primary Authority Partnership may be terminated at any time in accordance with the provisions set out in the legislation and guidance that regulates the